HB-4911, As Passed House, March 17, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4911

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 36 and 56 of chapter X (MCL 710.36 and

710.56), section 36 as amended by 1996 PA 409 and section 56 as

amended by 2014 PA 118.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER X

Sec. 36. (1) If a child is claimed to be born out of wedlock

and the mother executes or proposes to execute a release or consent

relinquishing her rights to the child or joins in a petition for

adoption filed by her ~~husband,~~ spouse, and the release or consent

of the natural father cannot be obtained, the judge shall hold a

hearing as soon as practical to determine whether the child was

born out of wedlock, to determine the identity of the father, and

to determine or terminate the rights of the father as provided in

this section and sections 37 and 39 of this chapter.

(2) Proof of service of a notice of intent to release or

consent or the putative father's verified acknowledgment of notice

of intent to release or consent shall be filed with the court, if

the notice was given to the putative father. The court shall

request the vital records division of the department ~~of public~~

~~health~~ to send to the court a copy of any notice of intent to claim

paternity of the particular child ~~which~~ that the division has

received.

(3) Notice of the hearing shall be served upon the following:

(a) A putative father who has timely filed a notice of intent

to claim paternity as provided in section 33 or 34 of this chapter.

(b) A putative father who was not served a notice of intent to

release or consent at least 30 days before the expected date of

confinement specified in the notice of intent to release or

consent.

section 34(1) of this chapter with a notice of intent to release or

consent and who the court has reason to believe may be the child's

father. ~~of the child.~~

(4) The notice of hearing shall inform the putative father

that his failure to appear at the hearing ~~shall constitute~~

constitutes a denial of his interest in custody of the child, which

denial shall result in the court's termination of his rights to the

child.

(5) Proof of service of the notice of hearing required by

subsection (3) shall be filed with the court. A verified

acknowledgment of service by the party to be served is proof of

personal service. Notice of the hearing ~~shall~~ is not be required if

the putative father is present at the hearing. A waiver of notice

of hearing by a person entitled to receive it is sufficient.

(6) The court shall receive evidence as to the identity of the

father of the child. In lieu of the mother's live testimony, the

court shall receive an affidavit or a verified written declaration

from the mother as evidence of the identity and whereabouts of the

child's father. If the court determines that the affidavit or

verified written declaration is insufficient, the court shall allow

amendment of the affidavit or verified written declaration. If the

court determines that the amendment of the affidavit or verified

written declaration is insufficient, the court may receive live

testimony from the mother. Based upon the evidence received, the

court shall enter a finding identifying the father or declaring

that the identity of the father cannot be determined.

(7) If the court finds that the child's father ~~of the child~~ is

a person who did not receive either a timely notice of intent to

release or consent ~~pursuant~~ according to section 34(1) of this

chapter or a notice required ~~pursuant to~~ under subsection (3) , and

who has neither waived his right to notice of hearing nor is

present at the hearing, the court shall adjourn further proceedings

until that person is served with a notice of hearing.

Sec. 56. (1) Except as otherwise provided in this subsection,

6 months after formal placement under section 51 of this chapter,

unless the court determines that circumstances have arisen that

make adoption undesirable, the court may enter an order of

adoption. Upon the motion of the petitioner, the court may waive

the 6-month period, or any portion of that period, if the waiver is

in the adoptee's best interests. If, after a hearing, the court

finds that the adoptee's best interests will be served, it may

extend the 6-month period for an additional period of time not

exceeding 18 months from the time of formal placement for adoption.

In an adoption proceeding for which an adoption order is not

entered within 18 months after formal placement, the court shall

hold a hearing and determine whether an order of adoption shall be

entered or the petition denied. If a child is formally placed

according to section 41(2) of this chapter, the court may extend

the 6-month period for an additional period, that may exceed 18

months from the time of formal placement, until an order for

adoption may be entered under subsection (2). For an adoptee who is

less than 1 year old at the time of filing, 3 months after formal

placement under section 51 of this chapter, unless the court

determines that circumstances have arisen that make adoption

undesirable, the court may enter an order of adoption. Upon the

motion of the petitioner, the court may waive the 3-month period,

or any portion of that period, if the waiver is in the adoptee's

best interests.

(2) Except as provided in subsection (3), if a petition for

rehearing or an appeal as of right from an order terminating

parental rights has been filed, the court shall not order an

adoption until 1 of the following occurs:

(a) The petition for rehearing is granted, and at the

rehearing the order terminating parental rights is not modified or

set aside, and subsequently the period for appeal as of right to

the court of appeals has expired without an appeal being filed.

(b) The petition for rehearing is denied and the period for

appeal as of right to the court of appeals has expired without an

appeal being filed.

parental rights.

(3) If an application for leave to appeal has been filed with

the supreme court, the court shall not order an adoption until 1 or

more of the following occurs:

(a) The application for leave to appeal is denied.

(b) The supreme court affirms the order terminating parental

rights.

(4) If a motion brought under section 45 of this chapter has

been filed, the court shall not order an adoption until 1 of the

following occurs:

(a) The motion is decided and subsequently the period for

appeal as of right to the court of appeals has expired without an

appeal being filed.

(b) The motion is decided, an appeal as of right to the court

of appeals has been filed, the court of appeals issues an opinion,

and subsequently the period for filing an application for leave to

the supreme court has expired without an application being filed.

an application is granted, the supreme court issues an opinion.

(5) If the person to be adopted is an adult, the court may

enter an order of adoption after all of the following occur:

(a) The person to be adopted consents to the adoption

according to section 43(3) of this chapter.

(b) The written report of investigation required by section

46(2) of this chapter is filed.

in section 24a of this chapter.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.